1. Home
  2. Browse Decisions
  3. F.3d
  4. 641 F.3d
  5. 641 F.3d 617 (2011)
 

HORVATH v. BANK OF NEW YORK, N.A.

No. 10-1528.

641 F.3d 617 (2011)

John A. HORVATH, Plaintiff-Appellant, v. BANK OF NEW YORK, N.A.; CWALT, Incorporated, Alternative Loan Trust 2006-45TI; Countrywide Home Loans Servicing, LP; Mortgage Electronic Registration Systems, Incorporated; Equity Trustees, LLC; America's Wholesale Lender, Defendants-Appellees, and John Doe; Jane Doe; Jack Doe; Jill Doe; Qui Doe; Chi Doe; Samuel I. White, PC, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: May 19, 2011.

Attorney(s) appearing for the Case

ARGUED: Christopher Edwin Brown , Brown, Brown & Brown, PC, Alexandria, Virginia, for Appellant. George Peter Sibley, III , Hunton & Williams, LLP, Richmond, Virginia, for Appellees. ON BRIEF: R. Michael Smith , Brown, Brown & Brown, PC, Alexandria, Virginia, for Appellant. Mark B. Bierbower , Hunton & Williams, LLP, Washington, D.C., for Appellees Bank of New York, N.A., CWALT, Incorporated, Alternative Loan Trust 2006-45TI, Countrywide Home Loans Servicing, LP, Mortgage Electronic Registration Systems, Incorporated, and America's Wholesale Lender; Allison Melton, Bierman, Geesing, Ward & Wood, LLC, Arlington, Virginia, Robert Ryan Michael, Bierman, Geesing, Ward & Wood, LLC, Richmond, Virginia, for Appellee Equity Trustees, LLC.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge KEENAN and Judge DIAZ joined.

OPINION

WILKINSON, Circuit Judge:

In October 2006, America's Wholesale Lender ("AWL") agreed to loan John Horvath $650,000. The loan was reflected in an interest-only fixed-rate note and was secured by a deed of trust on Horvath's home. In exchange for the $650,000, Horvath agreed to repay AWL in monthly installments ranging from $3,791.67 to $5,039.44.

The note allowed AWL (and any subsequent holder) to freely transfer the note. In fact, the note...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases